SRI SISU TANDIA Vs. DUKHI DEI AND ORS.

JUDGEMENT

(1.) DEFENDANT No. 1 has preferred this appeal against the reversing decision of the Additional District Judge, Sundargarh, passed in Title Appeal No. 7 of 1971.

(2.) THE Plaintiff has filed this suit for declaration of his title and recovery of possession of 0.06 decimals of Gharbari land appertaining to survey plot No. 214 in village Mangaspur. Admittedly the said plot belonged to the father of the Plaintiff and after the death of his father the Plaintiff came to village and wanted to take possession of the said land, but the Defendants did not allow him to take possession of the same. Hence the suit.

(3.) IN the trial court the Defendants conceded that it was not possible for them to assert their above -mentioned claim to the suit land on the basis of their case of purchasing the same. The trial court, however, found that Defendant No. 1 was in possession of the suit land and he perfected his title to the same by adverse possession.